Anthony Taylor v. State of Indiana (mem. dec.) , 96 N.E.3d 121 ( 2018 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
FILED
this Memorandum Decision shall not be Jan 18 2018, 9:54 am
regarded as precedent or cited before any CLERK
Indiana Supreme Court
court except for the purpose of establishing Court of Appeals
and Tax Court
the defense of res judicata, collateral
estoppel, or the law of the case.
APPELLANT PRO SE ATTORNEYS FOR APPELLEE
Anthony W. Taylor Curtis T. Hill, Jr.
New Castle, Indiana Attorney General of Indiana
Chandra K. Hein
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Anthony Taylor,1 January 18, 2018
Appellant-Defendant, Court of Appeals Case No.
49A02-1701-CR-195
v. Appeal from the
Marion Superior Court
State of Indiana, The Honorable
Appellee-Plaintiff. Grant W. Hawkins, Judge
Trial Court Cause No.
49G05-0608-FB-146891
1
We note that Taylor uses the name Taylor-El in his Notice of Appeal and other documents in this case.
We use the name Taylor here because it is the name on the original trial court case and the other appeals
from that case.
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Kirsch, Judge.
[1] Anthony Taylor appeals the trial court’s denial of his motion for jail credit time
contending that the trial court’s calculation of his pre-trial jail credit time was in
error.
[2] We affirm.
Facts and Procedural History
[3] On August 9, 2006, Taylor was arrested. On August 10, 2006, the State
charged Taylor with unlawful possession of a firearm by a serious violent felon.
On August 12, 2006, Taylor was released on bond. Taylor was arrested on
October 6, 2006, when he violated his bond, and released again on October 27,
2006. On December 4, 2006, he was arrested again and released again on
December 8, 2006. On December 13, 2006, he was arrested again. He was
released on February 8, 2007. On April 12, 2007, the trial court found Taylor
guilty. He was remanded to the custody of the Sheriff on April 20, 2007. On
April 23, 2007, Taylor was sentenced to fifteen years executed in the
Department of Correction. At sentencing, the parties agreed that Taylor should
receive ninety-three days of pre-trial jail credit time. Appellant’s App. Vol. II at
17.
[4] This court’s decision on Taylor’s direct appeal was issued on December 27,
2007. Taylor v. State, No. 49A04-0705-CR-283 (Ind. Ct. App. Dec. 27, 2007).
On January 11, 2017, Taylor filed a motion for jail time credit in the trial court,
and the trial court denied the motion on the same day. Taylor now appeals.
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Discussion and Decision
[5] Because pre-sentence jail time credit is a matter of statutory right, trial courts
generally do not have discretion in awarding or denying such credit. Molden v.
State, 750 N.E.2d 448, 449 (Ind. Ct. App. 2001). However, those sentencing
decisions not mandated by statute are within the discretion of the trial court and
will be reversed only upon a showing of abuse of that discretion. Id. At the
time of Taylor’s conviction, a person imprisoned for a crime or confined
awaiting trial or sentencing would have been assigned to Class I and, based
upon that classification, earned one day of credit time for each day he is
confined. Ind. Code §§ 35-50-6-3, 35-50-6-4; Hall v. State, 944 N.E.2d 538, 542
(Ind. Ct. App. 2011), trans. denied. Determination of a defendant’s pretrial
credit is dependent upon (1) pretrial confinement, and (2) the pretrial
confinement being a result of the criminal charge for which the sentence is
being imposed. Hall, 944 N.E.2d at 538.
[6] Finding that the trial court did not miscalculate Taylor’s pre-trial credit time,
we do not analyze the State’s arguments on waiver, but rather address Taylor’s
argument on the merits. His documentation from the Marion County Sheriff’s
Department indicates the dates that Taylor was imprisoned in the Marion
County Jail for this offense. Appellant’s App. Vol II at 25. Based on the Marion
County Sheriff’s Department Time Served at the Marion County Jail document
detailing Taylor’s time spent in jail, id, Ex. F, Taylor’s pre-trial jail credit for his
charge of unlawful possession of a firearm by a serious violent felon should be
calculated as follows: On August 9, 2006, Taylor was arrested. On August 10,
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2006, Taylor was charged and his bond was set at $80,000. On August 12,
2006, Taylor made bond and was released (four days). On October 6, 2006,
Taylor was arrested when he violated his bond and was released again on
October 27, 2006 (twenty-two days). On December 4, 2006, Taylor violated his
bond again and was incarcerated in the Marion County Jail until December 8,
2006 (five days). He was arrested a fourth time on December 13, 2006 and was
not released until February 8, 2007 (fifty-eight days). After being found guilty,
Taylor was arrested and remanded to the custody of the Marion County
Sheriff’s Department on April 20, 2007. He was sentenced on April 23, 2007
(four days). Therefore, Taylor’s total amount of pre-trial jail credit time was
ninety-three days, which is the amount of pre-trial jail credit time he received.
[7] Any time that Taylor served in the Marion County Jail after he was sentenced
is not considered pre-trial credit time. I.C. § 35-50-6-4(h) (pre-trial credit only
applies to a person imprisoned awaiting trial). The time that Taylor served in
the Marion County Jail after he was sentenced is properly applied to the
remaining balance of his executed sentence. Taylor’s appealed motion does not
include any allegation that he did not properly receive his post-sentencing credit
for time spent in the Marion County Jail. The trial court properly denied
Taylor’s motion for jail time credit, as the ninety-three days of pre-trial jail
credit that Taylor was awarded at sentencing was proper.
[8] Affirmed.
[9] Bailey, J., and Pyle, J., concur.
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